Morris v. Bank of Attalla
Decision Date | 19 December 1907 |
Citation | 45 So. 219,153 Ala. 352 |
Parties | MORRIS v. BANK OF ATTALLA. |
Court | Alabama Supreme Court |
Appeal from Circuit Court, Blount County; W. W. Haralson, Judge.
Action by the Bank of Attalla against E. A. Morris. From a judgment for plaintiff, defendant appeals. Reversed and remanded.
The first count in the complaint is for trover for the conversion of a bale of line cotton on or about November 8, 1902. The second count is in case for a destruction of a mortgage lien on said bale of cotton.
The defendant interposed the plea of general issue and several special pleas, as follows:
Demurrers were interposed to plea 2 as follows: Demurrers were filed to the third and fourth pleas as follows: The demurrers to plea 2 were overruled, and those to pleas 3 and 4 were sustained.
The plaintiff then filed the following replication to plea 2 "Plaintiff says that the mortgage indebtedness therein alleged to exist from said Massey to the said Morrises has been paid and satisfied in full before this day in this manner; that is to say, the said Massey has paid said indebtedness by delivering to said mortgagee property conveyed by the said alleged mortgage of sufficient value to pay said indebtedness, and has at divers times paid them money thereon and property covered by the said alleged mortgage, and the said mortgagees, their...
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